National Security, Leaks and Freedom of the Press

Lee C. Bollinger is Columbia University's 19th president and the first Seth Low Professor of the University. His recent books include Regardless of Frontiers: Global Freedom of Expression in a Troubled World (2021) and The Free Speech Century (2018). Bollinger co-founded Columbia's Knight First Amendment Institute, devoted to defending speech and press freedoms in the digital age, and established Columbia Global Freedom of Expression, which advances understanding of international normsprotecting free expression. Previously, as president of the University of Michigan, he led the school's litigation in the historic Grutter v. Bollinger and Gratz v. Bollinger Supreme Court cases, which reasserted that diversity is a compelling justification for affirmative action in higher education. Bollinger is a fellow of the American Academy of Arts and Sciences and the American Philosophical Society. Geoffrey R. Stone is the Edward H. Levi Distinguished Service Professor at the University of Chicago. Mr. Stone is the author or co-author of many books on constitutional law. Among them are Democracy and Equality: The Enduring Constitutional Vision of the Warren Court (2020), The Free Speech Century (2018); Sex and the Constitution (2017); Top Secret: When Government Keeps Us In the Dark (2007); and Perilous Times: Free Speech in Wartime (2004). In 2013, President Obama appointed Mr. Stone to serve on a five-member Review Group on National Security Intelligence in the wake of Edward Snowden's leaks about the NSA. The result was The NSA Report, which included 46 recommendations for improving the nation's foreign intelligence programs, many of which have been adopted and put into place. Thereafter, Mr. Stone served as a Senior Advisor to the Director of National Intelligence.

Opening Statement
Lee C. Bollinger and Geoffrey R. Stone

The Pentagon Papers Framework: Fifty Years Later
Allison Aviki, Jonathan Cedarbaum, Rebecca Lee, Jessica Lutkenhaus, Seth Waxman, and Paul Wolfson

Part One: The National Security Perspective
1. Fighting for Balance
Avril Haines
2. Crafting a New Compact in the Public Interest: Protecting the National Security in an Era of Leaks
Keith B. Alexander and Jamil N. Jaffer
3. Leaks of Classified Information: Lessons Learned from a Lifetime on the Inside
Michael Morell
4. Reform and Renewal: Lessons from Snowden and the 215 Program
Lisa Monaco
5. Government Needs to Get Its Own House in Order
Richard A. Clarke

Part Two: The Journalist Perspective
6. Behind the Scenes with the Snowden Files: "How The Washington Post and National Security Officials Dealt with
Conflicts over Government Secrecy" Behind
Ellen Nakashima
7. Let's Be Practical: A Narrow Post-Publication Leak Law Would Better Protect the Press
Stephen J. Adler and Bruce D. Brown
8. What We Owe Whistleblowers
Jameel Jaffer
9. The Long, (Futile?) Fight for a Federal Shield Law
Judith Miller
10. Covering the Cyberwars: The Press vs the Government in a New Age of Global Conflict
David Sanger

Part Three: The Academic Perspective
11. Outlawing Leaks
David A. Strauss
12. The Growth of Press Freedoms in the United States Since 9/11
Jack Goldsmith
13 Edward Snowden, Donald Trump, and the Paradox of National Security Whistleblowing
Allison Stanger
14. Information is Power: Exploring a Constitutional Right of Access
Mary-Rose Papandrea
15. Who Said What to Whom
Cass R. Sunstein
16. Leaks in the Age of Trump
Louis Michael Seidman

The Report of the Commission
Lee C. Bollinger
John O. Brennan
Kathleen Carroll
Stephen W. Coll
Eric Holder
Ann Marie Lipinski
Geoffrey R. Stone

Closing Statement
Lee C. Bollinger and Geoffrey R. Stone